John McKiggan, Author at Halifax Medical Malpractice Lawyer Blog

March 3rd, 2014

Cost of Care in Cerebral Palsy Claims

I was reviewing a report the other day from an Occupational Therapist who has provided me with an opinion as to the Future Care needs for one of my clients, a child who suffers from Cerebal Palsy (CP) as a result of birth trauma.

I was struck by how sophisticated experts in this field have become and how advances in technology have created products that can help reduce some of the significant challenges that victims of CP (and their familes) face in trying to lead a normal productive life.

What causes CP?

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January 9th, 2014

How Long is Too Long? The 30 Minute C-Section Rule: Ediger (Guardian Ad Litem) v. Johnston

by John McKiggan

This article is an excerpt from a paper I presented at the national Birth Trauma Litigation conference in Toronto. The paper considers the implications of the Supreme Court of Canada’s decision in Ediger (Guardian Ad Litem) v. Johnston.

Eidger involved (among other things) allegations that the defendant failed to meet the appropriate standard of care in not performing a timely C- section.

The arguments in Ediger with respect to the standard of care required for emergency caesarean section are similar to those made more than ten years ago in Commisso v. North York Branson Hospital.

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January 2nd, 2014

Clinical Practice Guidelines as Standard of Care in Birth Injury Claims

by John McKiggan

Wikipedia defines a Clinical Practice Guideline as:
“… a document with the aim of guiding decisions and criteria regarding diagnosis, management, and treatment in specific areas of healthcare.”
Clinical Practice Guidelines (CPG’s) are frequently referenced in medical malpractice claims and frequently there is a debate as to whether CPG’s establish the standard of care a prudent physician is required to meet in a particular circumstance.

Birth Injury Claims

Anyone who practices obstetric malpractice will be familiar with the Society of Obstetricians and Gynecologists of Canada (SOGC) policy statement on Attendance at Labour and Delivery and their various guidelines for obstetrical care and the American College of Obstetricians and Gynecologists (ACOG) guidelines for perinatal care.

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December 27th, 2013

Standard of Care in Obstetric Malpractice Cases: Birth Injury Claims in Canada

by John McKiggan

Birth Trauma Claims

I had the pleasure of being invited to speak at the Birth Trauma litigation conference in Toronto this year. The conference was fascinating and I learned a lot from the other lawyers, physicians and nurses who presented at the conference.

I was asked to speak on the topic of Standard of Care in Obstetric Malpractice Cases.

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November 10th, 2013

Lest we forget

by John McKiggan

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July 12th, 2013

Diagnostic errors costly: Medical malpractice claims in Canada vs. United States

by John McKiggan

Misdiagnosis a common cause of malpractice claims

According to a recent study in the Journal BMJ Quality & Safety, diagnostic errors (medical misdiagnosis) are the biggest cause of medical malpractice payouts in the United States.

Researchers at Johns Hopkins University reviewed a 25 year data base of malpractice claims compiled by the NatioPractitioneroner Database. The database contained details of 350,706 medical malpractice claims between 1986 and 2010.The study also measured the frequency, severity and costs of different medical malpractice occurrences.

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May 29th, 2013

Supreme Court of Canada Upholds Judge’s “Copycat” Decision (In Part): Cojocaru v. British Columbia Women’s Hospital and Health Centre

by John McKiggan

Last week, the Supreme Court of Canada (SCC) issued a decision in a complicated medical malpractice case that raised the issue of when it is appropriate for judges to incorporate reasons taken from the briefs of one of the parties.

Background

In Cojocaru v. British Columbia Women’s Hospital and Health Centre the mother, Monica Cojocaru had previously given birth by C-section. On the recommendation of her obstetrician, Dr. Yue, Ms. Cojocaru agreed to delivery of her baby, Eric Cojocaru, by “vaginal birth after Cesarean section”, otherwise known as VBAC.

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May 24th, 2013

Appeal Court Upholds Jury Decision in Med Mal Trial: Goodwin v Olupona

by John McKiggan

Judge or Jury?

In most provinces in Canada, it is possible to have a civil case tried by judge alone or by judge and jury. I discussed this recently in an article on my Halifax Personal Injury Lawyer Blog, Do I have a right to a jury trial in personal injury claims?

The Nova Scotia Supreme Court recently stated in Anderson v. Cyr, a claim arising out of a motor vehicle accident:

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May 17th, 2013

Medical malpractice litigation helps improve patient care

by John McKiggan

I read with interest this article in the New York times written by Joanna Schwartz, a professor of law at the University of California, Los Angeles.

One of the (false) arguments trotted out by oppontents of medical malpractice litigation is that it prevents disclosure because doctors and hospitals take a “circle the wagons” approach to litigation that inhibits sharing of information that could improve patient safety.

However, a study done by Ms. Schwartz showed just the opposite:

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May 10th, 2013

Doctors negligent, but family loses medical malpractice claim: Mangal v. William Osler Health Centre

by John McKiggan

This recent decision from the Ontario Supreme Court highlights the difficulties faced by families who want to pursue a medical malpractice claim for the loss of a loved one.

Sharon Mangal was admitted to the William Olser Hospital on February 16, 2004 to give birth to her second child through caesarean section. Although she ultimately gave birth to a healthy baby girl, Sharon did not survive the procedure.

Sudesh Mangal, Sharon’s husband, along with Vincent and Sarina Mangal, her children, sued the hospital and the doctors alleging their negligence caused Sharon’s death.

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Author: John McKiggan